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Articles 1681 - 1710 of 1813
Full-Text Articles in Human Rights Law
Enemy Aliens, David Cole
Enemy Aliens, David Cole
Georgetown Law Faculty Publications and Other Works
In the wake of September 11, many have argued that the new sense of vulnerability that we all feel calls for a recalibration of the balance between liberty and security. In fact, however, much of what our government has done in the war on terrorism has not asked American citizens to make the difficult choice of deciding which of their liberties they are willing to sacrifice for increased security. Instead, the government has taken the politically easier route of selectively sacrificing the rights of aliens, and especially Arab and Muslim aliens, in the name of furthering national security. This is …
Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy
Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy
American University Law Review
No abstract provided.
A Measure Of Freedom, James W. Nickel
Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch
Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch
BYU Law Review
No abstract provided.
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis
BYU Law Review
No abstract provided.
In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy
In The Wake Of Crosby V. National Foreign Trade Council: The Impact Upon Selective Purchasing Legislation Throughout The United States, 34 J. Marshall L. Rev. 827 (2001), Ako Miyaki-Murphy
UIC Law Review
No abstract provided.
Has The Supreme Court Gone Too Far?: An Analysis Of University Of Alabama V. Garrett And Its Impact On People With Disabilities , Jaclyn L. Okin
Has The Supreme Court Gone Too Far?: An Analysis Of University Of Alabama V. Garrett And Its Impact On People With Disabilities , Jaclyn L. Okin
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark
Procedural Reforms In Capital Cases Applied To Perjury, 34 J. Marshall L. Rev. 453 (2001), Steven Clark
UIC Law Review
No abstract provided.
Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy
Righting Illinois' Wrongs: Suggestions For Reform And A Call For Abolition, 34 J. Marshall L. Rev. 469 (2001), Sharone Levy
UIC Law Review
No abstract provided.
Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, 35 J. Marshall L. Rev. 75 (2001), Frances Howell Rudko
Pause At The Rubicon, John Marshall And Emancipation: Reparations In The Early National Period?, 35 J. Marshall L. Rev. 75 (2001), Frances Howell Rudko
UIC Law Review
No abstract provided.
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
Reflections On When "We, The People" Kill, 34 J. Marshall L. Rev. 713 (2001), Michael P. Seng
UIC Law Review
No abstract provided.
Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet
Federalism And International Human Rights In The New Constitutional Order, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Essay examines the contours of what I have elsewhere called the new constitutional order with respect to international human rights and federalism. The background is my suggestion that the U.S. political-constitutional system is on the verge of moving into a new constitutional regime, following the end of the New Deal-Great Society constitutional regime. The Supreme Court's innovations in the law of federalism in connection with Congress's exercise of its powers over domestic affairs has provoked speculation about the implications of those innovations for the national government's power with respect to foreign affairs. Most of the speculation has been that …
Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet
Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet
All Faculty Publications
Scholars and philosophers spend much of their time discussing what pornography means and whether it can be defined. This debate persists despite the fact that most men, regardless of their sexual orientation, seem to understand quite well what pornography is, and what it is for: they produce it commercially, buy it in magazines, rent it in videos, and search for it on the Internet. The pornography industry has the distinct advantage of selling a product that, in legal terms, is considered "expression," and therefore a product that has been declared worthy of constitutional protection under section 2(b) of the Canadian …
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Faculty Scholarship
This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann
Articles & Chapters
As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …
Unruly Rights, Linda Ross Meyer
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard
Cardozo Law Review
No abstract provided.
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Cardozo Law Review
No abstract provided.
Constitutionalism As A Site Of State Formative Practices, Upendra Baxi
Constitutionalism As A Site Of State Formative Practices, Upendra Baxi
Cardozo Law Review
No abstract provided.
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll
UIC Law Review
No abstract provided.
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Steven H. Steinglass
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Steven H. Steinglass
Law Faculty Articles and Essays
I was asked to address briefly the impact of the Supreme Court's recent Eleventh Amendment, federalism, and state sovereign immunity decisions on Section 1983 litigation. These cases are unlikely to have any direct or significant impact on Section 1983 litigation in the state or federal courts. On the other hand, these decisions will likely have a significant impact on non-Section 1983 litigation, including non-Section 1983 civil rights litigation. For example, a few weeks ago the Supreme Court heard an argument in an Age Discrimination and Education Act (hereinafter "ADEA") case involving claims brought directly against the state. The recent Supreme …
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets
Seattle University Law Review
This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U.S. courts …
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos
Religious Liberty And Cultural And Ethnic Pluralism In The Colombian Constitution Of 1991, Viviane A. Morales Hoyos
BYU Law Review
No abstract provided.
Antecedents, Perspectives, And Projections Of A Legal Project About Religious Liberty In Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco
Antecedents, Perspectives, And Projections Of A Legal Project About Religious Liberty In Peru, Guillermo Garcta-Montufar, Elvira Martinez Coco
BYU Law Review
No abstract provided.
Protecting The Weak: Religious Liberty In The Twenty-First Century, Gordon Smith
Protecting The Weak: Religious Liberty In The Twenty-First Century, Gordon Smith
BYU Law Review
No abstract provided.
Appendix: Biographies Of Participants , American University Law Review
Appendix: Biographies Of Participants , American University Law Review
American University Law Review
No abstract provided.
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
Transcript: Responses To The Debate On Whether Congress Must End The Disenfranchisement Of The District Of Columbia , American University Law Review
American University Law Review
No abstract provided.
Transcript: Welcome Address, American University Law Review
Transcript: Welcome Address, American University Law Review
American University Law Review
No abstract provided.